Page:United States Statutes at Large Volume 47 Part 1.djvu/913

 72d C ONGRESS. SESS. II. CH. 110. FEBRUARY 21, 1933. 889 exception is allowed, the court may, in like manner, permit an Amendment. amendment of the challenge ." " Sm. 176i. If the challenge is denied, the denial may be oral, and Tri al of denial. must be entered on the minutes of the court, or of the reporter, and Exa minations du ring the court must proceed to try the question of fact ; and upon such trial, trial, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge ." Challenge when iu- SEo . 176 . When the panel is formed from persons whose names rorssummoned butnot are not drawn as ju rors, a chal lenge may be taken to the panel on drawn. account of any bias of the officer who summoned them, which would be good ground of challenge to a juror . Such cha lleng e mus t be made in the same form, and determined in the same manner, as if made to a juror." " SEC . 176k . If, either upon an exception to the challenge or a whenchallenge i al denial of the facts, the challenge is allowed, the court must discharge lowed . the jury so far as the trial in question is concerned . If it is allowed. Defendant the court must direct the jury to be impaneled ." " SEC. 1761 . Before a juror is called, the defendant must be fo rm edo ght to be SEC. by the court, or under its directio i, that if he intends to lenge . challenge an individual juror he must do so when the juror appears, and before he is sworn .' "SEC. 176m. A challenge to an individual juror is either- to ga or. of ch allenges "1. Peremptory ; or "2. For cause .' " SEC. 176n . It must be taken when the juror appears, and before wh en taken. he is sworn to try the cause ; but the court may for cause permit it to be taken after th e juror i s sworn, and befo re the ju ry is com pleted ." "SEC. 176o . A peremptory challenge can be taken by either party, and may be oral . It is an objection to a juror for which no reason need be given, but upon which the court must exclude him ." " SEC. 176oo. Upon a trial by jury, each side shall be entitled to six peremptory challenges . A waiver of a challenge by either party shall preclude such party, except by consent of court, from thereafter challenging peremptorily any juror then in the jury box, and the remaining challenges of such party shall be limited to jurors thereaft er called . " " SEC. 176p. A challenge for cause may be taken by either party . It is an objection to a particular juror, and is either- "1. General-that the juror is disqualified from serving in any case ; or "2 . Particular-that he is disqualified from serving in the action on trial ." " SEC. 176q . General causes of challenge are : General causes of "1. A conviction for felony ; challenge. "2 . A want of any of the qualifications prescribed by law to render a person a competent juror ; " 3. Unsoundness of mind, or such defect in the faculties of the mind or organs of the body as to render him incapable of performing the duties of a juror ." "SEC. 176r. Particular causes of challenge are of two kinds : Particular causes. "First . For such a bias as, when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias . j " Second. For the existence of a state of mind on the part of the uror in reference to the case, or to either of the parties, which will prevent him from acting with entire impartiality and without prejudice to the substantial rights of either party, which is known in this code as actual bias ."